Article 1 – Definitions
Summary: a document, either in physical, paper form or digitally in the form of a Powerpoint, Word or PDF file, containing a selection of the material for the examination of a subject in a study programme.
Entrepreneur/Sophistès: the natural or legal person who offers products and/or services (at a distance) to consumers under the trade name Sophistès Summaries.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an agreement with the entrepreneur.
Withdrawal period: the period within which the consumer can make use of his right of withdrawal.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.
Day: calendar day.
Delivery day: every day except Mondays, Sundays and equivalent public holidays.
Service: delivery on dispatch of Summary.
Article 2 – Product and intellectual property infringement
2.1 Ownership of the delivered products is not transferred until the other party has paid all that is owed on the basis of the agreement with Sophistès. However, the risk is transferred to the other party at the moment of delivery.
2.2 Sophistès, its employees, writers or others associated with Sophistès accept no liability whatsoever for any errors or consequences, of whatever nature, arising from a Summary. A Summary is in fact a supplement to the course of instruction, not a replacement.
2.3 Reproduction in whole or in part of the content of products supplied – in whatever form – is strictly prohibited without the prior, written and express consent of Sophistès.
2.4 The Customer or third parties must fully and unconditionally respect all intellectual and industrial property rights vested in the products delivered. Failure to do so constitutes one or more offences under Articles 33 and 34 of the 1912 Dutch Copyright Act. Sophistès will be obliged to report this and will set one or more fines, which will accrue to Sophistès.
2.5 All supplements and updates of products are only available for the relevant academic year. Sophistès shall not be liable for damage resulting from the removal of supplements and updates after the end of the academic year in which a consumer has purchased a summary.
Article 3 – Prices
3.1 Prices, mentioned on the website, are including VAT.
3.2 Price changes and typing errors reserved. No rights can be derived from the information on the websites managed by Sophistès.
3.3 Sophistès reserves the right to change prices, particularly if this becomes necessary due to (legal) regulations.
Article 4 – Orders
4.1 Sophistès is not liable for misunderstandings, mutilations, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of communication in communication between the other parties Sophistès, or between Sophistès and third parties, as far as they relate to the relationship between the other parties and Sophistès, unless there is evidence of intent or gross negligence on the part of Sophistès.
4.2 Sophistès reserves the right to refuse delivery to customers for reasons of doubtful debtors or unserious orders.
4.3 Sophistès is authorized to make use of third parties for the execution of orders.
Article 5 – Delivery
5.1 Without prejudice to its other rights, Sophistès shall in the case of force majeure be entitled to suspend execution of the order or to dissolve the agreement without judicial intervention, by notifying the other party of this electronically and without Sophistès being obliged to pay any compensation. Force majeure is defined as any shortcoming which cannot be attributed to Sophistès, as it is not due to her fault and is not for her account, neither by law, legal action or common opinion. Dissolution of the agreement means a refund of any money received by Sophistès from the Consumer.
5.2 The stated delivery times and completion dates are indicative. Exceeding any delivery time does not entitle the opposing party to compensation or the right to cancel the order or to dissolve the agreement, unless the exceeding of the delivery time in the case of a timely order is such that the opposing party, due to intent or gross negligence on the part of Sophistès, does not receive the products a reasonable time before the start of the examination. The Other Party is only in that case entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
5.3 The other party must ensure that the order is placed in good time before relying on clause 5.2.
5.4 Sophistès shall not be liable for incorrect, untimely delivery or production of goods by third parties, unless this is due to intent or gross negligence on the part of Sophistès. We refer to the complaints procedure postal service of article 6 of these General Conditions.
5.5 Sophistès is authorized to make use of third parties for the execution of orders.
Article 6 – Complaint regulation postal service
6.1 The complaints procedure is twofold:
Complaint must be made to PostNL customer service.
Complaints to Sophistès must be submitted in writing or by electronic mail, with a copy of the complaint to the PostNL complaints service.
6.2 Complaints received by Sophistès will be bundled and transferred to PostNL. Sophistès shall, however, refrain from liability under clause 5.4 of these General Terms and Conditions.
6.3 In order to improve the postal service Sophistès will actively work to reduce the number of orders that have not or not correctly arrived.
Article 7 – Authorization
7.1 By placing an order with Sophistès, the opposing party instructs and authorizes Sophistès, if necessary, to arrange shipment in the name and for the account of the opposing party.
7.2 Goods are delivered to the address under which the other party is registered with Sophistès. The other party is referred to article 1.4 of these General Terms and Conditions.
Article 8 – Returns
8.1 Upon delivery of goods, the customer will check whether they are in accordance with his order. If they do not conform to the agreement, the opposing party must notify Sophistès immediately, and in any case within 3 days of delivery, in writing or digitally, stating reasons.
8.2 It is not possible to cancel an order which has been processed, with the exception of the situation described in article 5.2. In the event of cancellation, the other party will receive a sum of money equal to the value of the cancelled order.
8.3 Goods sent unsolicited may be returned by PostNL as a parcel or letterbox package at the expense of Sophistès. The other party or third parties are reminded to enter personal data correctly.
Article 9 – Payment and possible reminder
9.1 If the option of direct debit is chosen, the other party authorizes Sophistès to debit the amount associated with the order once.
9.2 If automatic debit proves impossible, for whatever reason, the opposing party will be informed by means of a reminder as soon as possible after this has been established by Sophistès.
9.3 The reminder is sent in writing and/or digitally to the address of the opposing party as indicated by the opposing party to Sophistès. The other party is referred to article 1.4 of these General Terms and Conditions.
9.4 If Sophistès gives the opposing party notice of payment, the opposing party must pay the amount specified in the notice of payment within 10 (in words: ten) days after the date of the notice of payment and in the manner indicated in the notice of payment.
9.5 If payment has not been made within 10 (in words: ten) days after the date of the first reminder, the other party shall again be summoned to pay the amount due within 10 (in words: ten) days. The amount due may be increased by an amount of at least 5 (in words: five) euros for administration costs.
9.6 If payment has not been made within 14 (in words: fourteen) days after the second reminder, the other party will be blocked on the Sophistès order system.
9.7 If payment by or on behalf of the other party has not been made within the period specified in article 9.6, Sophistès is entitled to transfer its claim to third parties.
9.8 If Sophistès transfers its claim to third parties for collection, all costs involved shall be borne by the other party.
9.9 Payments made by the opposing party following a summons will be deducted from the costs owed and the principal sum respectively.
9.10 Blocking of the opposing party on the Sophistès order system will be lifted immediately after payment.
9.11 In the case of opting for automatic transfer of the amount associated with the order, the order will be shipped 6 to 8 (in words: six to eight) working days after payment has been received by Sophistès. If the amount due has not been paid into the Sophistès account, the order will not be processed.
Article 10 – Non-payment
10.1 In the case of non-payment by the opposing party, Sophistès reserves the right to refuse future orders from this customer. The opposing party is referred to article 9 of these General Terms and Conditions.
Article 11 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.